Minister's direction
The Environmental Protection Authority (EPA) has 20 working days from when it receives a matter (application for resource consent, notice of requirement or request for a regional plan or private plan change) to make a recommendation to the Minister for the Environment on whether a matter is considered to be of national significance and whether it should be directed to a board of inquiry or the Environment Court.
The EPA will provide a copy of this recommendation to both the applicant and the local council. Following this the Minister will make a decision on whether to direct the matter to a board of inquiry or the Environment Court, or to the local authority.
Referral to board of inquiry or Environment Court
When deciding whether a matter is of national significance, the Minister can have regard to any relevant factors. Some examples of relevant factors are set out in section 142 of the Resource Management Act 1991. The Minister must consider the views of the applicant and the local authority, the capacity of the local authority to process the matter, and any recommendations from the EPA.
Should the Minister decide to direct a matter lodged with the EPA to a board of inquiry or the Environment Court, he must set out his reasons for doing so. The EPA will then serve notice of the Minister's direction on relevant local authorities and the applicant.
The EPA will then be able to publicly notify the Minister’s direction and invite submissions on the matter. The notice given by the EPA will state the reasons for the Minister’s direction, where information can be viewed and when submissions on the proposal close. This will be advised on this website.
Submissions must be lodged with the EPA within 20 working days after the date of public notification. Any person can make a submission to the EPA on a matter that has been directed to a board of inquiry or the Environment Court, whether or not the person made a submission to the local authority.
If the Minister does not direct a matter that was lodged with the EPA to a board of inquiry or the Environment Court, the EPA will notify the applicant and direct the relevant local authority to deal with the matter. The EPA will provide the local authority with the matter and all relevant material that it has received.
Board of inquiry
The Minister can elect to appoint a board of inquiry to consider and make a decision on a matter. When selecting members of the board the Minister must seek suggestions from relevant local authorities and ensure that members of the board have knowledge and experience of the issues relevant to the matter, the Resource Management Act 1991 (RMA), the local community and tikanga Māori. The chairperson of the board must be a current, former or retired Environment Judge or a retired High Court Judge.
A board is appointed by the Minister, but makes its decision independently of the Minister. A board must hold a hearing unless it considers this unnecessary and the applicant and submitters have indicated that they do not wish to be heard.
If a hearing is held, the applicant and any submitter will have a right to be heard and the board may permit cross-examination. If submitters want to speak at the hearing, they should note their intention to do this on the submission form.
A board of inquiry will have nine months from the time of public notification to consider and deliver its decision on an application. This timeframe can be extended by the Minister in special circumstances. The board's final decision on a matter can be appealed only on points of law.
When a matter is directed to a board of inquiry the EPA will provide administrative support to the board, for example organising the logistics of the hearing.
Environment Court
The Minister can direct a matter lodged with the EPA to the Environment Court for consideration and a decision. Environment Court procedures will apply from this point on, details of which can be found on the Courts website.
Unlike the board of inquiry process, the nine month timeframe for deciding a matter does not apply to the Environment Court. However, like the board of inquiry process, the final decision of the Environment Court can only be appealed on points of law.
The EPA must provide the Court with all relevant material it has gathered, including any submissions. After this, the EPA has no further formal involvement in the process.
Last updated: 1 October 2009
